Reform extension of term data reporting

Issue summary

s76A of the Patents Act was introduced alongside the extension of term (EoT) scheme for pharmaceuticals in order to collect data with each application for an extension. This was intended to assist in evaluating whether EoTs were achieving their stated objective, namely encouraging pharmaceutical R&D in Australia. Patent holders are required to lodge a return with the Department of Health setting out R&D spending on the pharmaceutical which is the subject of the extension.

The Productivity Commission in its 2016 report considered that s76A was not performing its intended function due to a lack of clarity and compliance, and recommended that the provisions be substantially expanded. The Government however considered that the case had not been made and that other sources of data were available, and did not accept the recommendation, instead proposing that s76A could be repealed.

Comments

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 which received Royal Assent on 24 August.